5.  The applicant, Mr Bogusław Pyrak, is a Polish national who was born in 1940 and lives in Brochów, Poland.
6.  The applicant was the president of the Agricultural Co‑operative in Troszyn Nowy. In 1993, upon being notified of the commission of an offence, the Gostynin District Prosecutor (Prokurator Rejonowy) opened an investigation regarding the alleged embezzlement of the co-operative’s funds.
7.  On 22 April 1994 the applicant was subjected to police supervision and bail.
8.  On 11 July 1995 the Gostynin District Prosecutor lodged a bill of indictment with the Płock Regional Court (Sąd Okręgowy). The applicant was indicted on charges of embezzlement of the co‑operative’s property in the amount of approximately 80,000 PLN [approx. EUR 20,000].
9.  On 5 January 1996 the Płock Regional Court returned the case to the prosecution authorities in order to rectify omissions in the investigation. The prosecutor appealed. On 29 February 1996 the Warsaw Court of Appeal (Sąd Apelacyjny) quashed this decision and ordered the Regional Court to proceed with the case.
10.  The first hearing was held on 3 June 1996.
11.  Due to the fact that correspondence sent to the applicant was returned indicating that the applicant had left his place of abode for an indefinite period of time, on 10 February 1997 the Regional Court ordered that the applicant be detained on remand. The court found that the applicant’s detention was necessary in order to ensure his appearance in court, as he had failed to appear at hearings scheduled for 9, 17, 22 and 27 January 1997. The decision did not specify the period of the applicant’s detention.
12.  The applicant appealed. He maintained that he had informed the court that he would not be able to attend hearings and that his absence had been caused by an operation which he had had to undergo. On 4 March 1997 the Warsaw Court of Appeal quashed the decision of the Regional Court and remitted the case for reconsideration. The Court of Appeal observed that the applicant had been hospitalised between 10 and 17 February 1997. He had had a myocardial infarction and had undergone heart surgery. It further held that in view of the applicant’s state of health, the Regional Court should reconsider its decision to place him in detention.
13.  On 7 April 1997 A.M., an expert cardiologist, submitted his medical report. He had examined the applicant twice and concluded that the applicant could participate in hearings. However, according to A.M. placing the applicant in pre-trial detention could aggravate his state of health and therefore such a measure should only be applied under medical supervision.
14.  On 24 April 1997 the court obtained a medical report from another doctor - J.K. (a specialist in forensic pathology and anatomical pathology). The expert considered that it was highly unlikely that the applicant had had a myocardial infarction in February of that year.
15.  On 5 June 1997 the Płock Regional Court ordered that the applicant be remanded in custody for a period of six months because he had obstructed the proceedings. The court further refused to accept a personal surety submitted by a member of the upper house of the Polish Parliament Senator J.S. The applicant appealed. He stressed that he had complied with the requirements of police supervision and had reported every week to the police station in Iława. He had also paid the bail. On 4 July 1997 the Court of Appeal quashed that decision. It found that keeping the applicant in custody was not necessary to ensure the proper course of the proceedings. Notwithstanding the seriousness of the applicant’s heart condition, the Regional Court had failed to consider the appropriateness of applying the other preventive measures already imposed on the applicant i.e. bail and police supervision. In addition, at least since 10 February 1997 there had been no progress in the case, as the proceedings so far had been limited to establishing whether there were valid reasons for placing the applicant in detention.
16.  At the hearing on 6 January 1998 the applicant informed the Regional Court that he did not feel well. He was subsequently examined by the court doctor M.W. who confirmed that the applicant was not able to participate in the hearing. The court heard evidence from another doctor, J.K., (who had already delivered an opinion on the applicant’s state of health on 22 April 1997). J.K. considered that the applicant could participate in the hearing.
17.  At the hearing held on 7 January 1998 the applicant presented a note signed by yet another doctor, W.W., ordering him to undergo a further medical examination in a hospital. On the same day the Regional Court ordered the applicant’s detention for 3 weeks. He was to be placed in a prison hospital in Łódź and medically examined. The court held that the applicant was attempting to obstruct the trial. In particular, in view of the expert’s opinion of 22 April 1997 the surgery performed on the applicant had not been necessary. There was also a risk that the applicant might again undergo unnecessary surgery, which would only prolong the trial. The Warsaw Court of Appeal upheld that decision on 27 January 1998.
18.  Subsequently, the applicant underwent a medical examination in the prison hospital. On 5 February 1998 he was informed by the prison doctors that he was suffering from duodenal ulcers and a stomach inflammation.
19.  The applicant’s detention was prolonged on 29 January, 27 February, 29 April and 29 July 1998. The court stated that the reasons previously given for applying pre-trial detention were still valid. In particular, the court stated that no reliable documentation had been presented confirming the applicant’s health problems. In addition, the applicant seemed to be contributing to the prolongation of the proceedings. The applicant’s appeals against those decisions were dismissed. The decision of the Warsaw Court of Appeal of 13 February 1998 did not contain any reasons.
20.  At hearings held on 23 and 27 February 1998 the applicant complained that he felt very ill. On the latter date he was led into the courtroom by police officers, he was shaking and could not answer the court’s questions. The court dismissed the applicant’s motion for release. It had regard to a medical opinion confirming the applicant’s ability to participate in the hearing and again prolonged his detention.
21.  During the hearing held on 12 March 1998 the court began to take evidence from a witness. However the hearing could not be continued because of the applicant’s state of health.
22.  On 6 May 1998 an expert report was submitted to the court. According to that report, the applicant’s health was not an obstacle to his detention in a regular detention centre.
23.  On 29 July 1998 the applicant submitted a personal surety signed by J.K., an opposition leader and a member of the Polish Parliament.
24.  On 8 August 1998 the applicant asked the Plock Regional Court to be released from detention. He also submitted personal sureties signed by W.B., the former Minister of Foreign Affairs, and M.E., a medical doctor and the commander of the Warsaw Ghetto Uprising of 1943.
25.  The Regional Court refused the applicant’s requests for release upon personal sureties.
26.  On 30 October 1998 the Regional Court prolonged the applicant’s detention until 31 December 1998. The court found that the applicant had persisted in submitting motions which contributed to the prolongation of the proceedings. At the same time he had been informing the prison authorities about his various health problems in order to obtain a medical certificate confirming that he should be released from prison. On 3 November 1998 the applicant appealed against that decision.
27.  On 13 November 1998 the Court of Appeal decided that in order to consider the applicant’s appeal against the decision of 30 October 1998 it needed an expert opinion on the applicant’s state health. It would appear that the opinion was delivered on 28 December 1998.
28.  On 28 December 1998 the Regional Court again prolonged the applicant’s detention. On 15 January 1999 the Court of Appeal upheld the last decision. It also decided not to take cognisance of the merits of the applicant’s appeal against the prolongation decision of 30 October 1998 as it would not have served any purpose.
29.  On 22 January 1999 the Regional Court convicted the applicant as charged and sentenced him to 2 years and 8 months’ imprisonment. It also ordered his release from detention.
30.  On 19 April 2000 the Court of Appeal quashed that judgment and remitted the case to the District Prosecutor for a further investigation.
31.  On 24 April 2001 the Gostynin District Prosecutor lodged a new bill of indictment with the Płock Regional Court.
32.  On 28 November 2005 The Regional Court gave judgment and sentenced the applicant to one year’s imprisonment. The prosecutor appealed.
33.  On 10 May 2006 the Warsaw Court of Appeal quashed the judgment and remitted the case. It would appear that the proceedings are pending before the first-instance court.